Adv. Jainodin's Legal Blog: sec.438 of Cr.P.C

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In an inquiry under Section 202 Cr.P.C., the Magistrate is required to consider whether the civil dispute is tried to be given a colour of criminal dispute or not
Wife can proceed simultaneously under both the provisions of Sec.125 of CrPC and Sec.12 of The Protection Of Women From Domestic Violence Act
Absence of proof of motive creates a doubt regarding the mens rea entitling the accused for an acquittal
Mentioning of a wrong provision or non-mentioning of any provision of law would, by itself, be not sufficient to take away the jurisdiction of a court if it is otherwise vested in it in law
In investigation police should consider the defence put forth by the accused which if investigated fairly, may exonerate him
Order of process issue u/s.204 of Cr.P.C.; passed summarily and without discussing facts, evidence, law and exact overt act, is not proper legal judicial order
At the time of taking cognizance on chargesheet, Magistrate is not supposed to act as a Post Office
Magistrate; after taking cognizance, cannot issue, at the first instance, non bailable arrest warrant against accused who has obtained anticipatory bail
Mesne profits and interest thereon received under the direction of the Civil Court is revenue receipt and is liable to tax u/s. 23(1) of the Income Tax Act
Bail can not be denied to chargesheeted accused on the ground of abscondence of other accused

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